Bombay High Court
Arvind Shreenivas Bobde vs State Of Maharashtra & Another on 13 June, 2016
Bench: B.P. Dharmadhikari
Judgment. wp1954.01
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1954 OF 2001.
Shri Arvind Shreenivas Bobde (Dead)
through legal heirs
Arjun s/o Vinod Bobde,
Aged about 35 years,
Occupation - Advocate,
Resident of Sector XIV-A, Noida,
Uttar Pradesh. ..... PETITIONER.
VERSUS
1. State of Maharashtra,
through its Secretary,
Department of Urban Development,
Mantralaya, Bombay - 32.
2.Nagpur Municipal Corporation,
through its Commissioner,
Civil Lines, Nagpur. ..... RESPONDENTS.
--------------------------
Shri S.V. Manohar, Senior Advocate with Shri Gaikwad,
Advocate for the Petitioner.
Shri S.B.Bissa, Asstt. Govt. Pleader for Respondent No.1.
Shri J.B. Kasat, Advocate for Respondent No.2.
--------------------------
Judgment. wp1954.01
CORAM : B.P. DHARMADHIKARI &
KUM. INDIRA JAIN
,
J J.
DATE : JUNE 13, 2016.
ORAL JUDGMENT : (Per : B.P. Dharmadhikari, J.)
The matter was heard some time in first week of
June, 2016 and came to be adjourned to today at the request
of Shri Kasat, learned Counsel appearing for respondent no.2 -
Municipal Corporation. Shri Kasat, learned Counsel submits
that instructions in writing are still awaited.
2. Petitioner claims to be owner of a plot ad-measuring
12500 sq. ft. in Ward No.82, House No. 224 in Civil Lines area
of Nagpur City. According to him it is surrounded on North by
Palm Road; on West by Rabindranath Tagore Road, and the
plot is located at the junction, popularly known as "Akashwani
square".
Judgment. wp1954.01
3. Shri Manohar, learned Senior Counsel submits that
in April, 2001 while implementing Integrated Road
Development Scheme, un-authorisedly, without any notice or
permission, area ad-measuring about 100 sq. ft. to 150 sq. ft. at
the corner of the property has been taken into possession by the
respondent no.2 and has been built upon. He submits that no
compensation whatsoever has been paid to the petitioner, and
hence, by present petition prayer is to direct the respondents to
release the amount of compensation, as also rental
compensation from the date of taking over possession till
issuance of a notice under Section 4 of the Land Acquisition
Act, 1894. He is placing reliance upon a judgment of Hon'ble
Supreme Court reported at (2012 (11) Scale 4 (Tukaram
Kana Joshi and others .vrs. M.I.D.C. and others).
4. Shri Kasat, learned counsel appearing on behalf of
respondent no.2 submits that as per records received by him
only 8 sq. mtrs. of land out of plot of petitioner got affected.
He states that the issue is being looked into by the various
Judgment. wp1954.01
authorities, and if the grievance of petitioner is found to be
genuine, the same shall be redressed.
5. This Court has admitted the matter on 08.10.2001,
neither the respondent no.1 nor respondent no.2 filed any
reply affidavit and the assertions on oath have remained un-
traversed.
6. From judgment delivered by the Hon'ble Court in
case of Tukaram Kana Joshi (supra), it appears that in identical
situation, the acquiring authority agreed to publish notification
under Section 4 of the Land Acquisition Act within a period of
four weeks from the date on which the matter was looked into
by the Hon'ble Supreme Court. On the basis of this statement,
further orders are passed by the Hon'ble Supreme Court. The
directions are contained in paragraph no.20 of the said
judgment.
7. Here the petitioner has also claimed rental
Judgment. wp1954.01
compensation which is payable to persons from whom
possession is taken before issuance of Section 4 notification. Its
payment is regulated by various government resolutions.
8. In this situation, we direct the respondent to first
hear the petitioner and to find out the exact area of which
possession has been taken from the petitioner. This exercise
shall be completed within a period of four weeks from today.
Thereafter, the respondents shall proceed to acquire the land in
accordance with law and necessary steps in this respect shall be
taken within next four weeks.
9. The petitioner shall be also entitled to receive rental
compensation. Thus, for land taken in possession for the
period commencing from loss of possession till initiation of
steps to acquire it, the petitioner shall be paid rental
compensation.
10. In view of above discussion, Writ Petition is, partly
Judgment. wp1954.01
allowed and disposed of. Rule is made absolute in the
aforesaid terms, with no order as to costs.
JUDGE JUDGE
Rgd.
